Copyright Troll Righthaven on the ropes

Copyright Troll Righthaven on the ropes

This is a discussion on Copyright Troll Righthaven on the ropes within the Off Topic & Humor Discussion forums, part of the The Back Porch category; Much hullabaloo was made when this company started filing lawsuits for copyright infringement against various forum boards because their users had posted either in full, ...

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Thread: Copyright Troll Righthaven on the ropes

  1. #1
    Member Array Bhamrichard's Avatar
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    Copyright Troll Righthaven on the ropes

    Much hullabaloo was made when this company started filing lawsuits for copyright infringement against various forum boards because their users had posted either in full, or in large part, articles from various news organizations. I'm very glad to say that that this troll company is on the verge of insolvency after having lost every time in court that someone defended themselves.

    Creditor moves to dismantle copyright troll Righthaven

    In his ruling, U.S. District Judge Philip Pro, opined that posting the full article from a news organization was in fact Fair Use, and was not infringement under Copyright Law.
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    Well, that is good to hear. Just as long as they don't take it to the 9th circuit court of appeals.
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    Just read the article. Don't cheer yet and don't post full stories or much of anything with out the attribution.

    I don't think his ruling on the "fair use" issue will be upheld.

    U.S. Copyright Office - Fair Use (text added to the bottom of this post)

    The other portion of the ruling, "As it turns out, Righthaven didn’t own the copyrights it was filing suit over. Instead, Stephens Media granted Righthaven permission to sue over the newspaper chain’s content in exchange for a 50 percent cut of all the settlements and jury awards:" also seems shaky.

    For all of you who post that you hate thieves, keep in mind that copyright infringement is theft. It may be "soft theft" but it is theft. You can paraphrase a story, give attribution, include a link.

    My opinion only, and IANAL.


    From the .gov site I indicated above:

    One of the rights accorded to the owner of copyright is the right to reproduce or to authorize others to reproduce the work in copies or phonorecords. This right is subject to certain limitations found in sections 107 through 118 of the copyright law (title 17, U. S. Code). One of the more important limitations is the doctrine of “fair use.” The doctrine of fair use has developed through a substantial number of court decisions over the years and has been codified in section 107 of the copyright law.

    Section 107 contains a list of the various purposes for which the reproduction of a particular work may be considered fair, such as criticism, comment, news reporting, teaching, scholarship, and research. Section 107 also sets out four factors to be considered in determining whether or not a particular use is fair:

    The purpose and character of the use, including whether such use is of commercial nature or is for nonprofit educational purposes
    The nature of the copyrighted work
    The amount and substantiality of the portion used in relation to the copyrighted work as a whole
    The effect of the use upon the potential market for, or value of, the copyrighted work

    The distinction between fair use and infringement may be unclear and not easily defined. There is no specific number of words, lines, or notes that may safely be taken without permission. Acknowledging the source of the copyrighted material does not substitute for obtaining permission.

    Finally, for the owners of this site, note that I "bolded" that one of the issues in considering if something is fair use is whether or not the use is commercial or educational. This board is educational, but it is also commercial in nature because it accepts advertising. I think the policy which has been in place here the last year or two should remain.
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    Sounds like Righthaven is a digital equivalent of an ambulance-chaser...

    Not sure if "turnabout is fair play" is a legal principle, but it's nice to see it applied,
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    VIP Member Array Hiram25's Avatar
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    I just spent $2,900.00 to keep from being named in a lawsuit for where my youngest son downloaded a movie on the computer. Spoke to a lawyer who advised that it would cost $10,000 for them to represent me, but if the movie was downloaded there is not much they could do for me. I figured this was the cheapest way out.
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    Member Array Ishmael's Avatar
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    Quote Originally Posted by Hopyard View Post
    JI think the policy which has been in place here the last year or two should remain.
    What is that policy?

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    VIP Member Array packinnova's Avatar
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    Quote Originally Posted by Hiram25 View Post
    I just spent $2,900.00 to keep from being named in a lawsuit for where my youngest son downloaded a movie on the computer. Spoke to a lawyer who advised that it would cost $10,000 for them to represent me, but if the movie was downloaded there is not much they could do for me. I figured this was the cheapest way out.
    Ouch! That's one hell of a movie rental fee.
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    Member Array Ishmael's Avatar
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    Quote Originally Posted by Hiram25 View Post
    I just spent $2,900.00 to keep from being named in a lawsuit for where my youngest son downloaded a movie on the computer. Spoke to a lawyer who advised that it would cost $10,000 for them to represent me, but if the movie was downloaded there is not much they could do for me. I figured this was the cheapest way out.
    Oh, man, that is straight out of this article. Apparently that is the new "business model" for various low-budget films in Hollywood. "Over the past year, small-budget film producers have nearly perfected a slick, courtroom-based business strategy that’s targeted more than 130,000 suspected movie downloaders." How Mass BitTorrent Lawsuits Turn Low-Budget Movies Into Big Bucks | Threat Level | Wired.com

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    Quote Originally Posted by Ishmael View Post
    What is that policy?
    I'm not a moderator, administrator, or a spokesperson for the owners of this board.

    There were discussions of this issue a year or two back and somewhere it was posted that folks should not just put up the entirety of a newspaper article or other story they find interesting. I'll leave the details to the moderators, admins, and owners.
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    Quote Originally Posted by Hiram25 View Post
    I just spent $2,900.00 to keep from being named in a lawsuit for where my youngest son downloaded a movie on the computer. Spoke to a lawyer who advised that it would cost $10,000 for them to represent me, but if the movie was downloaded there is not much they could do for me. I figured this was the cheapest way out.
    Just remember, this was brought to us by Congress. They put penalties way too high and made it way too easy for companies to rob the little guy. Your son, if he downloaded the movie, maybe took something worth a few bucks tops to the producers. They gained 3 K. And what if the accusation were untrue. You'd still be out tens of thousands of dollars if you decided to fight and it would still cost you 3K to make it go away.

    Congress opened the door for every single person in the USA to be the victim of extortion.

    OTOH, misusing someone else's work is still wrong. Congress just flubbed the balance of procedural remedies and penalties. They let the big companies treat every little guy as if they were the same as some large competitor corporation.
    If the Union is once severed, the line of separation will grow wider and wider, and the controversies which are now debated and settled in the halls of legislation will then be tried in fields of battle and determined by the sword.
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